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Meeting documents

Public Rights of Way

Committee Minutes

Thu Nov 26 2015

Related Documents:
agenda for these minutes

Present:-

Councillors Sanders (Chairman), Brook, Colthorpe, Dempster, Eastman, Gilbert, Hook, Knight and Morse

*PR/49 Announcement

The Chairman welcomed Mr Hodgins who was attending the meeting in his capacity as

a Co-opted Member of the Council's Standards Committee to observe and monitor

compliance with the Council s ethical governance framework.

*PR/50 Minutes

RESOLVED that the minutes of the meeting held on 24 June 2015 be signed as a correct record.

*PR/51 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 13 October 2015.

It was MOVED by Councillor Knight, SECONDED by Councillor Brook and

RESOLVED that the Committee write to the District Council s in Devon urging them to more actively enforce legislation relating to dog fouling and dog control.

*PR/52 Public Rights of Way Update

The Head of Highways Capital Development and Waste reported on national and local matters relevant to the Committee s work including:

the creation of a coast path under the Coastal Access provisions, from Lyme Regis to the River Dart and a further path from the Somerset border to Combe Martin; the project was being undertaken by Natural England with the Council Public Rights of Way Team offering local expertise on issues including hot spots, coastal margins, spreading room and roll back;

the creation of a further coast path under the Coastal Access provisions from the west side of the River Dart to Plymouth, which was due to begin in Spring 2016;

the Public Rights of Way Enforcement Protocol was currently being updated and reviewed and would be brought to a future meeting of the Committee for endorsement;

the enactment of the Deregulation Bill in April 2015 containing provisions for reforms to rights of way legislative framework, which was due to be implemented in April 2016, although potentially could be delayed; DEFRA were currently working on regulations and guidance to enable the implementation of the provisions the Deregulation Act and the Committee would be kept informed of progress;

the impact of Planning Inspectorate Appeals on the work of Public Rights of Way Team.

In response to Members questions the Head of Highways, Capital Development and Waste advised that agreement for implementing roll back was negotiated between Natural England and the land owner, and that a number of exemptions also applied, including instances where houses and other structures would be affected.

*PR/53 Definitive Map Reviews

(a) Parish Reviews

(i) Definitive Map Review 2006-15 Parish of Poltimore

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

The Committee considered the Report of the Head of Highways, Capital Development and Waste (HCW/15/79 - text only | pdf HCW/15/79) examining the Definitive Map Review in the parish of Politmore.

It was MOVED by Councillor Sanders, SECONDED by Councillor Knight and

RESOLVED that the completion of the Definitive Map Review in the Parish of Poltimore with no required modifications, be noted.

(ii) Definitive Map Review Parish of Bere Ferrers (Part 3)

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

(Dr Barnes attended the meeting under the Council s Public Participation Scheme and spoke to this item against Proposals 9).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/80 - text only | pdf HCW/15/80) and background papers available prior to and at the meeting, examining three proposals arising from the Definitive Map Review in the Parish of Bere Ferrers.

It was MOVED by Councillor Sanders, SECONDED by Councillor Knight and

RESOLVED that a Modification order to made to modify the Definitive Map and Statement by adding a restricted byway between points G H as shown on drawing number HCW/PROW/14/65 (Proposal 4).

It was MOVED by Councillor Gilbert, SECONDED by Councillor Knight and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by upgrading Footpath No. 71, Bere Ferrers to a public bridleway between points AA AB as shown on drawing number HCW/PROW/14/73 (Proposal 12).

It was MOVED by Councillor Knight, SECONDED by Councillor Gilbert and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a restricted byway between points U V X as shown on drawing number HCW/PROW/14/70a (Proposal 9).

(iii) Definitive Map Review - Parish of Clayhiddon

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/81 - text only | pdf HCW/15/81) and background papers available prior to and at the meeting, examining two proposals arising from the Definitive Map Review in the parish of Clayhiddon..

It was MOVED by Councillor Colthorpe, SECONDED by Councillor Knight and

RESOLVED

(A) a Modification Order be made to modify the Definitive Map by adding a restricted byway along Nick Reeds Lane between the points A B C as shown on drawing number HCW/PROW/15/44 (Proposal 2);

(B) a Modification Order be not made to modify the Definitive Map and Statement by

downgrading Bridleway No. 38 to a Public Footpath (Schedule 14 Application)

between the points A B C D E F as shown on drawing number

HCW/PROW/15/51 (Proposal 5).

(iv) Definitive Map Review Parish of Combe Martin (Part 3)

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/82 - text only | pdf HCW/15/82) and background papers available prior to and at the meeting, examining proposal 19 arising from the Definitive Map Review in the parish of Combe Martin.

It was MOVED by Councillor Brook, SECONDED by Councillor Knight and

RESOLVED a Modification Order be made to modify the Definitive Map and Statement by adding a Footpath in Combe Martin between points A-B-C as shown on drawing number HMT/PROW/15/54 (Proposal 19).

(v) Definitive Map Review Parish of Nymet Rowland

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

The Committee considered the Report of the Head of Highways, Capital Development and Waste (HCW/15/83 - text only | pdf HCW/15/83) examining the Definitive Map Review in the parish of Nymet Rowland.

It was MOVED by Councillor Hook, SECONDED by Councillor Knight and

RESOLVED that the completion of the Definitive Map Review in the Parish of Nymet Rowland with no required modifications, be noted.

(b) Schedule 14 Application - Addition of a public bridleway in the Parish of Ugborough

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of British Horse Society).

(Mr Fletcher, Mr Bagwell (on behalf of Ivybridge Town Council) and Mrs Franklin attended the meeting under the Council s Public Participation Scheme and spoke to this item on behalf of the applicant, against and in support, respectively, of the Schedule 14 Application).

(The Committee also acknowledged representations made on behalf of Councillor Croad who was not present at that time).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/84 - text only | pdf HCW/15/84) and background papers available prior to and at the meeting, examining an application made in May 2014 under Schedule 14 of the Wildlife and Countryside Act 1981, for the addition of a bridleway at Filham park, near Ivybridge, in the parish of Ugborough.

It was MOVED by Councillor Gilbert, SECONDED by Councillor Knight and

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement and record a public bridleway along the line E j k H as shown on drawing number HWC/ PROW/14/109c;

(B) that a Modification Order be not made in respect of the sections j F G and F k.

*PR/54 Public Inquiry, Informal Hearing, and Written Representation Decisions; Directions and High Court Appeals

The Committee noted the following decision and direction received from the Secretary of State:

Public inquiry: Footpath Nos. 171, 172 172a, Sidmouth Definitive Map Modification Order 2014 not confirmed.

*PR/55 Modification Orders

The Committee noted that the following Modification Orders had been confirmed as unopposed:

(a) Footpath No. 38, Buckland Monachorum Definitive Map Modification Order 2015

(b) Footpath No. 50, Buckland Monachorum Definitive Map Modification Order 2015

(c) Footpath No. 3a, Ivybridge Definitive Map Modification Order 2015

(d) Bridleway No. 25, Chawleigh Definitive Map Modification Order 2015

(e) Footpath Nos. 21 22 Sandford Definitive Map Modification Order 2015

(f) Footpath Nos. 2 3 Sheldon Definitive Map Modification Order 2015

*PR/56 Public Path Orders - Diversion Orders

The Committee noted that the following Public Path Orders had been made and confirmed under delegated powers:

Diversion Orders

(a) Footpath No. 10, Buckland Monachorum Public Path Diversion and Definitive Map and Statement Modification Order 2015

(b) Footpath Nos. 25 Sandford and 5 8, Upton Hellions Public Path Diversion and Definitive Map and Statement Modification Order 2015

(c) Footpath Nos. 2 19, Witheridge Public Path Diversion and Definitive Map and Statement Modification Order 2015

(d) Bridleway No. 14, Whitestone Public Path Diversion and Definitive Map and Statement Modification Order 2015

(e) Footpath No. 4, Tiverton Public Path Diversion and Definitive Map and Statement Modification Order 2015

(f) Footpath No. 31, Blackawton Public Path Diversion and Definitive Map and Statement Modification Order 2015

*PR/57 Future Meetings

Dates of future meetings of the Committee are published at:

https://new.devon.gov.uk/democracy/calendar/

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 4.27 pm

The Minutes of the Public Rights of Way Committee are published on the County Council s Website at:-

Date Published: Mon Nov 30 2015

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